NewDay AP markers, should it be default?

Minnie82

Hi there,


We are coming towards the end of our DAS and trying to ensure all is in order for us being discharged. I've noticed on my credit file, New Day have been recording AP markers instead of defaulting us. We entered the DAS in Dec 2013 and the markers on file are AA (1 then 2) for Sept and Oct 2013 then QY in Nov, December shows as another 2 but with DM noted, next 2 months are a 3 then a 4 with DM noted then 5 months of UC with DM noted then 1 month of OK then 6 months or AR, then 11 months of AR showing a number each month (1,2,3,4,5,6,5,4,3,3,2) then green AR until now (3.5 years worth)!!!


We did have a payment break within the DAS in 2015 when the numbers started appearing but I think the account should have been defaulted before then? I'm a bit confused, any advice on if a default could be applicable would help me out hugely.


Thanks

[Deleted User]

Ask them to backdate a default.

Willing2Learn

An AP, according to guidance, is only meant to be a temporary arrangement.

According to guidance, an account should be marked as defaulted once it is 3-6 months in arrears of the original credit agreement.

This is only guidance. A creditor is not compelled to comply. However, a creditor must have regard to the guidance.

Below is the link for the guidance:
http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

Minnie82

Thank you both, and thanks for the link, I've been knee deep in google trying to find relevant info.

edrushuk

I had this with a catalogue. I was in an AR for over 5 years but hey refused to backdate. It was frustrating as I had to wait another 6 years after I finished paying it off for it fall of my account. It is gone now but still bugs me.

[Deleted User]

edrushuk wrote: »

I had this with a catalogue. I was in an AR for over 5 years but hey refused to backdate. It was frustrating as I had to wait another 6 years after I finished paying it off for it fall of my account. It is gone now but still bugs me.

It is, after all, only guidance to backdate with a default.

Minnie82

I emailed last night to ask them to reconsider and they've responded asking for some info just for security but at least I know they're looking at it. Email is signed from someone in Executive Complaints Team...not sure if that's a good sign or not.

[Deleted User]

It's just an alternative name they use for customer services.

But hopefully it will be sorted for you.

Minnie82

So they emailed back with a massively detailed decision basically saying no we wont default but actually we are doing you favour and will leave you in a better position. I replied politely saying thank you but you're wrong it will leave us worse off and mentioned they are the only company to have not applied the default etc. etc. and that I appreciated their time but would be taking it further. The man responded saying could I please show him the markers I mean and could he call me tomorrow so I sent a screenshot showing AR makers on the account and gave him my number. He actually genuinely seemed interested and thought what he was saying was correct. I've checked all 3 reports and the clear score one just shows the account as all ok and green markers every month, the one from here shows green every month but notes an arrangement from October (not sure which October it means) and CK shows AR every month.

Anyway, not getting my hopes up but at least he wants to talk it through I guess.

[Deleted User]

As already stated above, it’s only guidance to default the account and they’re not obliged to.

What they are reporting is correct - you are on an arrangement to pay and it is marked as such.

Minnie82

!!! wrote: »

As already stated above, it’s only guidance to default the account and they’re not obliged to.

What they are reporting is correct - you are on an arrangement to pay and it is marked as such.

I understand that but a default would also have been correct, also, if they don't understand the markers they are placing, it's possible they're not aware that they're potentially not following guidelines that they may want to follow. A conversation doesn't hurt, if they won't then they won't but the guidelines are there for a reason and we are just as entitled to request them to rethink as they are to refuse.